Assault and Battery

Successfully defended S.M. in a Municipal Court in Middlesex County for a charge of Driving While Intoxicated and Refusal to Provide Breath Samples upon request. S.M. was purportedly observed by a pair of “Good Samaritans” who claimed they observed him drinking an alcoholic beverage while walking out of liquor store and then continue to drink as he drove away. While following him, they contacted 911 and claimed they were directly observing repeated motor vehicle infractions consistent with an intoxicated driver. After the police became directly involved and arrested S.M., he refused to provide breath samples. Mr. Kessous was nonetheless able to resolve the matter to a dismissal of the Refusal charge, saving S.M. what would have been an additional minimum four (4) to twelve (12) month term of suspension of his driving privileges as well as additional fines and mandatory installation of the Ignition Interlock system into his vehicle.

Successfully represented C.D. for a Leaving the Scene of a Motor Vehicle Accident in a municipal court in Middlesex County. Despite the proofs of guilt, including the presence of an eyewitness in court, Mr. Kessous was able to persuade the prosecutor, with whom he had previously developed a friendly professional relationship, to amend the charge to merely failing to report the accident, saving the client an ordinarily six (6) months suspension of her driving privileges.

Successfully defended K.T. for various driving infraction allegations within a municipal court in Middlesex County. The consequences were serious as our client was already on driving probation with the NJMVC (formerly DMV) where any “moving violation” would result in an extensive administrative suspension of J.T.’s driving privileges. After negotiations, Mr. Kessous resolved the moving violation to a non-moving, no-point violation deemed “non-moving” by the NJMVC (formerly DMV), thus precluding the suspension.

Successfully defended P.M.S. for a DWI within a municipal court in Somerset County. After extensive negotiations, Mr. Kessous was able to persuade the State and the Court that the officer failed to confirm that he directly observed the Defendant for twenty (20) minutes prior to generating the breath tests. Thus, the purported reading of .20 BAC, almost 3x the legal limit, was questionable. The Defendant ultimately suffered a loss of driving privileges for only three (3) months instead of the customary 7-12 months for this violation. Furthermore, the Ignition Interlock device was not mandatory for the DWI as it would have been with a BAC reading of .15 or higher.

Successfully defended A.C.R. for a DWI violation in a city municipal court in Union County. Despite a Blood Alcohol Content reading of .21, almost 3x the legal limit, Mr. Kessous was able to obtain a dismissal against A.C.R. of the charge.